Advocate Tahir Ashraf Siddiqui

Questions Answered by Advocate Tahir Ashraf Siddiqui (50+ answers)

Q: If my husband is cheating what should i do legally ?

I got married two years ago, but later I found out that my husband is having an affair with another woman. I do not want a divorce, but I want to know if I can take legal action against my husband and the other woman. Can I file a case against my husband for cheating under Indian law? I am a Hindu.

Advocate Tahir Ashraf Siddiqui answered
Since you do not wish to file for divorce, you can lodge a complaint against your husband for adultery. It is no longer a criminal offence in India after the 2018 Supreme Court judgment. However, you can take legal action under the Protection of Women from Domestic Violence Act, 2005 for emotional and mental cruelty. This can help you seek residence rights, maintenance, protection orders, or judicial separation, without filing for divorce.
 

Q: Admissibility of photocopy documents as evidence

Can a witness present photocopies as valid evidence in court? What does the Supreme Court say about photocopy evidence? Please refer to relevant case laws. Is a photocopy admissible as evidence?

Advocate Tahir Ashraf Siddiqui answered
No, photocopies cannot be considered primary evidence under Section 61 of the Indian Evidence Act. Section 62 defines primary evidence as the original document produced for inspection by the court. According to Explanation 2 of Section 60, copies of an original document are not primary evidence, making photocopies inadmissible as primary evidence.

Now, let’s examine if a photocopy can be classified as secondary evidence. For a photocopy to be admissible as secondary evidence, there must be clear testimony indicating that the photocopy was made from the original document or that it was compared to the original. Without such verification, a photocopy cannot be accepted as secondary evidence.

Therefore, a photocopy is only admissible if it is a certified copy. A simple photocopy, without proper certification or proof that it was compared to the original, cannot be relied upon in court. For any document to be deemed admissible, it must meet the requirements for primary or secondary evidence as specified under Sections 64, 65, and 66 of the Evidence Act.

The Supreme Court in J. Yashoda v. K. Shobha Rani (AIR 2007 SC 1721) held that secondary evidence is admissible only when primary evidence is absent and a proper explanation is provided for its unavailability.

Q: Regarding railway appointment with a case pending on me

Sir i got selected in railway alp post but 498a case is pending against me in civil court actually the case is aginst my brother. railway officials told me thet i will not get appointment untill my case gets resolved. Ao what ahould i do to get the job.what are the ways to get it.

Advocate Tahir Ashraf Siddiqui answered
Ther is no absolute bar that you will not get appointment if a case is pending against aginst you. You have not disclosed for which post and area and under which recruitment rules you have been appointed and if you disclosed the case while filling the form. if you get a stay of the case or settle the case with your wife to get the matter disposed of, then you can get an appointment. In some cases depending on the rules of recruitment you can get an appointment while the case is still pending . It all depends on the recruitment rules of your post in Indian Railways under which you have been appointed. If the Railways refuses to appoint you then you must approach the Central Administrative Tribunal for filing a case seeking appointment immediately. If the court thinks that you are being harassed unnecessarily, they can direct the Railways we will have to issue appointment letter subject to you winning 498A case later.

Q: Does Sister Has Right In Property

If a son gets property from his father through will. Then that son further gives the same property to his own son through his will. Then can the daughter of that son hold any claim on that property.

Advocate Tahir Ashraf Siddiqui answered
once the property is of the Son, then it's inheritance to the next generations is dependent on what the son does with the property. if the son does not make a will then as a first class daughter will have a right to the share of his property as a first class heir after his death.

Q: Undevided joint hindu ancestral house entirely can be will ?

My grandfather got a residential house before 1956 from my great grandfather (1940) .my grandfather have two son .ow grand father expired with will in favour of my cousin. Now my question is undevided huf ancestral house entirely can be willed ? Without giving share of my father. And this kind of will can be consider on notional partition where entirely property willed ?

Advocate Tahir Ashraf Siddiqui answered
yes as per the provisions of the hindu succession act a coparcener's undivided share can be subject matter of the will . there is no bar against the owner of Hindu joint property to make a will in respect of his for undivided share in joint family property . please refer to Section 6 and 30 of the Hindu Succession act.